RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of June 21, 2018 No. 68

About approval of Changes in Regulations on implementation of assessment of stability of banks and bank system of Ukraine

According to Articles 6, of 7, of 15, of 55, 56 Laws of Ukraine "About the National Bank of Ukraine", to Articles 35, of 66, 67 Laws of Ukraine "About banks and banking activity", for the purpose of assessment of stability of banks and bank system of Ukraine the Board of the National Bank of Ukraine DECIDES:

1. Approve Changes in the Regulations on implementation of assessment of stability of banks and bank system of Ukraine approved by the resolution of Board of the National Bank of Ukraine of December 22, 2017 No. 141, which are applied.

2. To department of methodology (Ivanenko N. V.) after official publication to inform banks of Ukraine and auditing firms which are included in the Register of auditing firms according to Regulations on procedure for maintaining the Register of the auditing firms having the right to carrying out audit inspections of banks, the approved resolution of Board of the National Bank of Ukraine of November 17, 2011 No. 410, registered in the Ministry of Justice of Ukraine on December 19, 2011 for No. 1466/20204 (with changes), information on adoption of this resolution.

3. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Rozhkova K. V.

4. The resolution becomes effective from the date of, its official publication following behind day.

Approved by the Resolution of Board of the National Bank of Ukraine of June 21, 2018 No. 68

Changes in Regulations on implementation of assessment of stability of banks and bank system of Ukraine

1. To state the subitem 5 of item 4 of the Section I in the following edition:

"5) the Report of the auditor on results of quality evaluation of assets of bank and the acceptability of providing on credit operations - the part of the separate Section of the report of the auditor on results of quality evaluation of assets of bank and the acceptability of providing on credit operations constituted according to requirements of the administrative act of National Bank which establishes evaluation procedure of stability of banks and bank system of Ukraine;".

2. In the Section II:

Subitems 1 and 2 of Item 7 to state 1) in the following edition:

"1) the first stage - quality evaluation of assets of bank and the acceptability of providing on credit operations, calculation of capital adequacy ratios taking into account results of quality evaluation of assets of bank and the acceptability of providing on the credit operations, and also taking into account the adjustments of the financial reporting of bank for accounting year performed according to requirements of the Instruction about procedure for creation and promulgation of the financial reporting of banks of Ukraine approved by the resolution of Board of the National Bank of Ukraine of October 24, 2011 No. 373, registered in the Ministry of Justice of Ukraine on November 10, 2011 for No. 1288/20026 (with changes) (further - adjustment of the financial reporting);

2) the second stage - extrapolation of results of quality evaluation of assets of bank and the acceptability of providing on credit operations, assessment of capital adequacy of bank (taking into account extrapolation) and determination of requirement of bank for the capital by results of two stages for ensuring stability;";

Item 10 to add 2) with the new paragraph of such content:

"Calculation of fixed capital, the regulatory capital, the standard rate of sufficiency (adequacy) of the regulatory capital (N 2) and the standard rate of sufficiency of fixed capital (The N 3) during the first evaluation stage of stability is performed according to requirements of the Instruction No. 368, of other acts of National Bank determining method of calculation of economic standard rates taking into account results of quality evaluation of assets of bank and the acceptability of providing on credit operations, their extrapolation, and also adjustments of the financial reporting.";

Item 13 to state 3) in the following edition:

"13. The National Bank has the right to perform check of observance by the bank/auditor of requirements of the Specification and verification of the audit certificates provided in the Report of the auditor on results of quality evaluation of assets of bank and the acceptability of providing on credit operations during conducting scheduled/unscheduled inspection inspection of bank.";

Item 14 to add 4) with the new subitem of such content:

"3) to perform repeated carrying out other evaluation stages of stability of bank provided by this Provision.";

5) the paragraph of the eighth of Item 16 to add with words ", taking into account results of quality evaluation of assets of bank and the acceptability of providing on credit operations, their extrapolations, and also adjustments of the financial reporting.".

3. In the Section III:

1) in the subitem 1 of Item 21 of the word of "the first stage" shall be replaced with words "quality evaluations of assets of bank and the acceptability of providing on credit operations";

Paragraph one of Item 23 after the words "and providing acceptability" to add 2) with the words "on credit operations";

3) to add the Section after Item 25 with new Item 25-1-of the following content:

"25-1. The National Bank by results of the actions performed according to Items 13, of the 14th Section II of this provision and in case of determination of additional requirement (shortcoming) of the capital sends to bank the requirement about creation/updating of the program of capitalization and/or development/updating of measures for maintenance or recovery of level of capital adequacy.";

Paragraph one of Item 26 to state 4) in the following edition:

"26. The banks which received the requirement of National Bank specified in Item 25 of the Section III of this provision submit to National Bank the program of capitalization constituted according to the requirements established in appendix to this Provision and/or measures for maintenance or recovery of level of capital adequacy in the following terms:";

5) to add the Section after Item 26 with new Item of 26-1sleduyushchy content:

"26-1-. The bank which received the requirement of National Bank specified in Item 25-1-of the Section III of this provision submits to National Bank the program of capitalization / the updated program of capitalization constituted according to the requirements established in appendix to this Provision and/or develops/updates measures for maintenance or recovery of level of capital adequacy in the terms established by National Bank.";

Shall be replaced with words 6) in Item 27 of the word of "extrapolation of these results" "their extrapolation and adjustments of the financial reporting";

7) in Item 28:

in paragraph one of the word "the actions plan for maintenance or recovery of level of capital adequacy" shall be replaced with words "develops measures for maintenance or recovery of level of capital adequacy";

in subitem 1 of the word "and extrapolations of these results" shall be replaced with words ", their extrapolations, adjustments of the financial reporting";

in paragraph five of the word "constitutes the actions plan" shall be replaced with words "develops actions";

8) to add the Section after Item 33 with new Item 33-1-of the following content:

"33-1. The National Bank within 30 calendar days approves the program of capitalization / the updated program of capitalization of bank provided according to Item 26-1-of the Section III of this provision on condition of its compliance to the established requirements.";

Item 35 to state 9) in the following edition:

"35. The National Bank has the right to make the decision on application to bank of corrective actions in case of failure to carry out of requirements of this provision by bank, including non-presentation by bank in the time of the program of capitalization and/or measures established in Items 25 and 25-1-1 of the Section III of this provision for maintenance or recovery of level of capital adequacy, submission of the program of capitalization which does not conform to requirements of appendix to this Provision, and also for violation of requirements of the Provision No. 351 by bank.".

4. State the Section IV in the following edition:

"IV. Publication of results of assessment of stability of banks and bank system of Ukraine

36. The National Bank informs bank results of assessment of stability of bank.

37. The bank publishes results of assessment of stability of bank taking into account the actions implemented by bank after reporting date, which affected requirement of bank for the capital.

The bank during the publication of results of assessment of stability has the right to consider influence on requirement (lack) of bank of the capital of the actions implemented by bank after reporting date concerning which for date of publication there are no notes of National Bank on their accomplishment and/or there are no uncoordinated questions on requests of National Bank concerning the implemented actions.

The bank publishes results of assessment of stability of bank on format and in time, determined by National Bank.

38. The National Bank publishes results of assessment of stability of banks (by banks) and bank system of Ukraine till December 31 of the current year.".

5. In appendix:

1) in the Section I:

in Item 1 "Item 25" shall be replaced with words the word and figures also in figures "Items 25 and 25-1-";

the paragraph one of item 4 after the words "has the right to consider" to add with the words "the measures implemented by bank and/or";

add the Section after item 4 with new Item 4-1 of the following content:

"4-1. The bank in case of creation of the program of capitalization shall consider effect of influence of the changes made to the Provision No. 351 after January 01 of the current year.";

2) in the Section II:

in Item 9:

in the table:

to add column 2 of line 1 with words "(by results of stability assessment)";

add the table after line in 1 new line 2 following of content:

"

1	2	3	4	5	6	7	8	9	10	11	12
2	As of January 01 ______ years (taking into account the implemented actions / the actual events)				X	X	X			X	X

".

With respect thereto lines 2 - 4 to consider respectively in the lines 3 - 5;

in the Explanation on filling of form of the plan of capitalization:

in Item 1 of the word and figures" (the subitem 2 of Item 8 of the Section II of this appendix)" to exclude;

Item 3 after subitem 1 to add with the new subitem 2 following of content:

"2) line 2 - the data determined by results of assessment of stability taking into account the actions implemented by bank and/or the actual events which took place after reporting date before date of submission of the program of capitalization by bank irrespective of their influence (positive or negative) are specified the amount of requirement of bank for the capital.";

add Item 10 after subitem 2 with the new subitem of such content:

"3) the list of the actions implemented by bank and/or the actual events which took place after reporting date, considered by bank in case of creation of the program of capitalization and also calculation of economic effect of implementation of each event / influence of each actual event.";

3) in the Section III:

state Item 13 in the following edition:

"13. Availability of reasonable calculations of economic effect of implementation of actions/influence of the actual events which took place after reporting date before date of representation by bank of the program of capitalization, and other actions provided by the program of capitalization of bank.";

in the subitem 1 of Item 14 of the word of "appendix to this Provision" shall be replaced with words "this appendix";

add the Section after Item 14 with new Item 14-1 of the following content:

"14-1. The National Bank considers the acceptability of the actions provided by the program of capitalization of bank and also performs verification of the actions implemented by bank / the actual events which took place after reporting date before date of submission of the program of capitalization by bank.

The National Bank in case of unacceptability of the actions provided by the program of capitalization of bank, and also implemented by bank of actions / the actual events which took place after reporting date before date of submission of the program of capitalization by bank has the right to demand from bank of completion of the program of capitalization in certain National bank term.";

And the word "January 20" to replace 4) in Item 15 of the Section IV of figure with figures and the word "January 29".

 

It is approved: First Deputy Chairman of the National Bank of Ukraine

K. V. Rozhkova

 

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